Search results - found 109
There can be only one queen! (International reports)
In Alice in Wonderland the queen wanted to know who stole her tarts. A recent case considered who tried to steal the trademark THE QUEEN OF TARTS. The decision illustrated the importance of performing an availability search before doing business and of registering a trademark as quickly as possible after choosing it.
Inequitable conduct in patent prosecution in Canada? (International reports)
Since 1927 Canadian courts have held that a patent is not invalid simply as a result of a misrepresentation made during the prosecution of the application, at least in the absence of fraud. Allegations of such misrepresentation are frequently based on the applicant’s response to a request from the patent examiner under Rule 29 of the Patent Rules.
Federal Court of Appeal questions patent law principles (International reports)
In Cobalt v Bayer the Federal Court of Appeal has explicitly called into question two central principles of Canadian patent law: the standard of review for claim construction and the patentability of methods of medical treatment. The court noted that a full consideration of the method of medical treatment doctrine would be merited by the Federal Court of Appeal or the Supreme Court in a future case.
‘The Internet has no borders’: worldwide de-indexing injunction upheld against Google (International reports)
The Supreme Court recently issued a landmark decision which confirmed that Canadian courts have jurisdiction to issue interlocutory injunctions against a party’s activities that extend beyond Canada and have global reach.
TPP treaty: potential changes to Canadian copyright and trade secret laws (International reports)
If ratified by Parliament, the IP Chapter of the Trans-Pacific Partnership Agreement will bring noteworthy changes. In regard to copyright laws, there will be changes to the term of copyright protection and the way in which internet intermediaries can deal with allegations of online copyright infringement; while in regard to trade secret laws, criminal procedures and penalties related to theft of trade secrets will be introduced.
CETA to come into force things to know about geographical indications (International reports)
The act which will implement the Comprehensive Economic and Trade Agreement between Canada and the European Union comes into force this week. The agreement covers a wide range of areas, including import and export tariffs, labour and environment, food and drugs, and intellectual property.
Canada prepares for Patent Law Treaty (International reports)
The Patent Act is undergoing amendment courtesy of Bill C-43, known as the Economic Action Plan 2014 Act, No 2. Although Canada is fulfilling its undertakings to adhere to the Patent Law Treaty, the amendments introduce additional changes beyond Canada’s treaty obligations.
Trade secrets and confidential information (International reports)
In Canada, options available to in-house counsel in the misappropriation of trade secrets and confidential information are very different to those in the United States.
Patent disclaimers: use with caution (International reports)
The Federal Court of Appeal has confirmed a 2009 Federal Court ruling which held that a disclaimer cannot be used to broaden the scope of a patent and must necessarily result from a good-faith mistake, accident or inadvertence in the original patent specification. The decision contains vital guidance for the future use of disclaimers in Canada.
Amazon sent back to the Patent Office (International reports)
The Federal Court of Appeal recently released its decision regarding Amazon.com's now famous patent application for a 'one click' internet shopping method, filed in 1998. The patent application has survived this latest test and has been returned to the Patent Office for expedited examination.
At last! CIPO starts accepting sound mark applications (International reports)
Pursuant to a recent groundbreaking Federal Court order, the Canadian Intellectual Property Office has issued a new practice notice stating that as of 28th March 2012, the Trademarks Office is accepting applications for sound marks.
Spotlight on gene patents (International reports)
This has been an eventful year in terms of bringing diagnostic technology and gene patents to the public’s attention. In Canada, there has not yet been a direct court challenge on the patentability of naturally occurring genes. However, genes are treated as patentable subject matter by the Canadian Intellectual Property Office.
TPP: new rights for pharmaceutical patent holders (International reports)
The Canadian government has released the official consolidated text of the Trans-Pacific Partnership (TPP). Patent holders can look forward to some additional patent rights, notably patent term extensions in certain situations. Moreover, the TPP includes specific provisions for the pharmaceutical industry, including explicit data protection for a broad range of pharmaceuticals.
Protecting your natural health products (International reports)
Natural health products (NHPs) represent a growing market in Canada. This has made protection and dealing with regulatory authorities more important for manufacturers and sellers than ever. A myth persists that no protection of intellectual property is available for NHPs; but this is a common misconception.
Evidence of electronic contract requires demonstration of its integrity (International reports)
The Quebec Superior Court recently ruled on the level of evidence required to prove the existence of an electronic contract. In the case at hand, the court held that simply typing in a name on an agreement does not correspond to the definition of an ‘electronic signature’.
Dotting the ‘.com’ and crossing the ‘.sucks’: how to manage your domain name portfolio (International reports)
Domain name strategy and portfolio management should be a key component of a brand’s overall IP strategy a mindful, measured and disciplined approach is crucial.
Protecting your software mojo in the smartphone screen era (International reports)
Design protection can be an inexpensive yet powerful tool to block competitors from copying unique and innovative design elements that distinguish one mobile app from another in the smartphone screen marketplace.
Using your competitor’s trademarks as keywords? Proceed at your own risk (International reports)
The Court of Appeal for British Columbia recently issued an injunction restraining a party from using its competitor’s trademarks in its keyword advertising. The court held that the defendant’s use of the plaintiff’s trademarks as keywords in the visible text of its sponsored link was a misrepresentation likely to cause confusion to the public.
Monetary consequences for falsely alleging patent infringement (International reports)
The Federal Court recently ruled on two patent actions between Advantage Products Inc (API) and others, and Excalibre Oil Tools Ltd and others, finding that Excalibre did not infringe API’s patents. In addition, and significantly, the court directed that a reference be held to determine the quantum of Excalibre’s damages that arose from false allegations of patent infringement that were made in writing by API’s counsel to Excalibre’s customers.
Identifying and enforcing trade secrets (International reports)
Trade secrets allow businesses to obtain a commercial advantage over competitors which do not know or cannot use the secret. However, the secret must be managed carefully to avoid loss of rights.
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